Slip and Fall and Premises Liability
Slip and Fall / Premises Liability: Under this theory, the owners and occupiers of land or property owe a legal responsibility for accidents and injuries that occur on their property. These laws are largely dependant on state law and vary from state-to-state. What's usually important in these cases is to look at the status of the injured. Where they a trespassor or were they invited to the property? The status of the injured person with regards to the property might play a role in determining duty, depending on the state. Courts might also look at the condition of the property. Finally, there may be special laws applying to landlords and lessors of property.
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With the holidays upon us, party planning is in full swing. Like any other holiday season, a fair number of party hosts and partygoers will have to deal with holiday party injuries, throwing a wrench (hopefully not literally) into their night of merriment.
During this holiday season, social hosts and homeowners should be extra careful about liability for holiday party injuries.
A former college student who was paralyzed after falling 20 feet at an off-campus residence has reached an $11.6 million settlement for her injuries.
Former University of Pennsylvania student Lorna Bernhoft was a junior at the time of her injury in 2010, The Philadelphia Inquirer reports. Bernhoft fell through a raised skylight opening on the fourth floor of a building; the opening was covered only by flex board and carpet.
Bernhoft's lawsuit named as defendants the building's owner and student tenants who were aware of the opening. As her lawyer told the Inquirer, this case shows "there are dangerous defects in rental housing, especially in off-campus housing, and every parent and student should be aware."
Suing the military is no easy feat. Alas, under the doctrine of sovereign immunity, you typically can't sue the federal government without its permission.
However, the passage of certain laws has reduced this broad governmental immunity.
Here's an introduction to three notable laws -- the Federal Tort Claims Act, Military Claims Act, and Military Personnel and Civilian Employees' Claims Act -- that may allow you to sue the military:
A number of video production companies create personal injury videos for use in legal proceedings, including litigation, mediation, and arbitration. But is it appropriate to turn to celluloid in a case?
Videos that show how an injury affects a plaintiff, or how an accident occurred, can be helpful to a decision-maker like a juror, judge, or arbitrator. However, such videos can also be challenged on a variety of grounds.
Here are some common types of videos used in personal injury cases, along with their pros and cons:
A Punkin Chunkin injury lawsuit is "chunking" a wrench into the annual World Champion Punkin Chunkin contest in Delaware. That's the event in which competitors use massive machines -- including air cannons, centrifuges and colossal catapults -- to toss pumpkins.
Daniel Fair, who volunteered as a spotter at the 2011 festival, allegedly suffered spinal fractures after he was thrown from an all-terrain vehicle (ATV) that hit a depression in the ground and landed on top of him.
Fair is suing the Punkin Chunkin Association, asserting negligence and premises liability for conditions at the Punkin Chunkin field in Bridgeville. But event organizers may be able to fire back with a few potential defenses.
The mother of a Utah man killed in a DUI crash is suing a Salt Lake City-area music venue for at least $1 million, claiming bartenders over-served her son at a Megadeth concert.
Tanya Wallace of West Jordan, Utah, brought the suit after her son Joshua died in a crash after leaving the Great Saltair, a concert venue on the shore of the Great Salt Lake.
Wallace alleges that Great Saltair employees violated state dram shop liability laws and could have prevented her son's death.
Halloween -- a favorite celebration for many, if not most, kids -- is just around the corner. But with the excitement of Beggar's Night comes the scary prospect of potential injuries caused by candy, costumes, and even car-pedestrian accidents.
If you and your child plan to go trick-or-treating for Halloween, what are some of the best ways to prevent trick-or-treat injuries?
Here are 10 injury-prevention tips for Halloween that you may want to consider:
Two New York parents are suing a summer camp for $41.7 million after their daughter contracted Lyme disease at the camp.
The parents are accusing the YMCA's Camp Mohawk in Connecticut of failing to monitor and protect their daughter, who now suffers from neurological problems as well as sleep disorders and chronic pain.
The federal lawsuit alleges camp staffers repeatedly misdiagnosed her and failed to follow their own safety precautions, The Associated Press reports. But is the camp actually liable for the injuries?